Toxic Chemical Release Inventory Reporting
Do You "Otherwise Use" a TRI Chemical?
A facility that "otherwise uses" a listed toxic chemical in a quantity that exceeds 10,000 pounds over the course of the reporting year - or lesser amounts, for certain persistent, biocaccumulative and toxic chemicals - must submit a TRI report for this chemical. (See reporting thresholds here.)
"Otherwise use" is broadly defined as any use of a toxic chemical that is not covered by the terms "manufacture" or "process." The toxic chemical may be contained in a mixture, or in an other trade name product, or in a waste.
The definition includes disposal, stabilization (without subsequent distribution in commerce) and treatment for destruction if:
the toxic chemical was received from off-site for the purpose of further waste management; or
the toxic chemical was produced as a result of waste management activities on materials received from off-site for the purpose of further waste management activities.
Relabeling or redistribution of a toxic chemical without repackaging is not considered otherwise using or processing.
For an example of "otherwise use," consider a painting operation where solvent-based paint is applied to metal products, like furniture, appliances or window frames. The paint contains xylene, for the purpose of facilitating application of the paint to the metal substrate. The xylene is not intended to remain a part of the finished product, but will vaporize and escape from the painted product during the drying process. The xylene in the paint formulation is "otherwise used" as a "manufacturing aid."
Have a question about TRI reporting requirements? Please contact us for assistance.